ALHAJI RASAQ ADISA OYEBANJI V. MRS PATIENCE ADUNNI FOWOWE

ALFRED P.E. AWALA, J.C.A. (Delivering the Leading Judgment): The Plaintiff (now respondent) claims against the Defendant (now Appellant) at the High court of Justice of Oyo State of Nigeria Holden at Ibadan are as follows:-

"(1) A sum of N280,000.00(Two hundred and Eighty Thousand Naira) being money advanced to the defendant by the plaintiff upon consideration that has totally failed.

(2)The sum of N150,000.00 being special damages suffered by the plaintiff as a result of failure of consideration.

(3) 10% interest on the sum found payable to the plaintiff from the date of the judgment till the whole judgment debt is finally liquidated.

(4) Cost."

The facts of this suit briefly put, is about the sale of land at Bodija Ibadan, originally Ogunmola family land. A large portion of the land was sold to the Defendant/Appellant and one Kolade Adegboyega jointly under native law and custom out of which the plot now in dispute was sold to the Plaintiff/Respondent in 1995 by the duo and she imme…